THE top level group reviewing the Constitution has presented an interim report to the Government supporting the retention of the PR system for elections and proposing a new article making the office of the Ombudsman a constitutional one.
The report from the Constitution Review Group also suggests changes in the provisions relating to constitutional issues which come before the Supreme Court.
The group carried out a systematic study of the electoral systems in the Republic and in other states, with specialist academic advice. Political sources told The Irish Times it was the first time such a comprehensive and detailed study had been carried out by an official body in this State.
Various alternatives were examined, with their advantages and disadvantages. Although it does not make a stark recommendation, the clear implication of the report is that the present system of proportional representation for Dail elections should be retained.
The group felt that the office of Ombudsman would be strengthened by including it in the Constitution. This would give it standing and protection similar to the office of Comptroller and Auditor General.
Under Article 26 of the Constitution, the President may refer a Bill to the Supreme Court for a decision on its constitutionality. If the Bill is deemed to be in accordance with the Constitution there can be no further challenge.
The majority view of the group was that this provision should be modified as it did not allow for changing circumstances in the future.
In cases where the constitutionality of legislation is challenged, only the majority judgment of the Supreme Court may be revealed. It is understood that the group recommends that dissenting judgments also be published. except for rulings made under Article 26.
The review group was set up last April following a commitment in the Programme for Government. The Government wanted the interim report so it could proceed with its pledge to establish an all party Oireachtas committee on the Constitution.
Political sources stressed the interim nature of the group's report, which is about 250 pages long and was presented to the Government before Christmas. The review body had divided into working groups, and there was a great deal of work still to be done. Political. sources predicted that the final report, due by the end of April, would be a massive tome.
The terms of reference of the group, as outlined last April, are as follows
To review the Constitution and, in the light of this review, to establish those areas where constitutional change may be desirable or necessary, with a view to assisting the All Party Committee on the Constitution, to be established by the Oireachtas, in its work.
"In their review, the group should take into account that certain constitutional matters, i.e. Articles 2 and 3, divorce, the right to bail, Cabinet confidentiality and votes for emigrants are the subject of separate consideration."
Political sources predicted that the all party Oireachtas committee on the Constitution would be established by the end of this month or early in February.
The first committee of this kind was initiated by the then Taoiseach, Mr Sean Lemass, in 1966. This committee reported in December, 1967, although none of its recommendations was incorporated into the Constitution.
The Constitution Review Group was set up by the Government under the chairmanship of Dr T.K. Whitaker, with the following members Mr David Byrne SC Dr Alpha Connelly, research counsellor, Law Reform Commission Ms Mary Finlay SC' Mr Dermot Gleeson SC, the Attorney General Mr James Hamilton, senior legal assistant. Attorney General's Office Mr Mahon Hayes, retiring permanent representative at the United Nations', Mr Gerard Hogan BL' Ms Aine Hyland. Professor of Education, UCC Dr Finola Kennedy, economist Mr Michael Laver, Professor of Political Science. TCD Dr Kathleen Lynch. coordinator, Equality Studies Centre, UCD Mr Diarmaid McGuinness BL Mr Dermot Nally, former secretary to the Government and Dr Blathna Ruane BL.